Freitas, et. al. v Kilmartin - A court case that The ACLU of Rhode Island is currently involved in.


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Freitas, et. al. v Kilmartin (2015)

Category: Active Case    Due Process    Rights of Ex-Offenders    

About This Case:
This is a class action lawsuit filed in U.S. District Court which challenges the constitutionality of a law that makes it a crime for certain sex offenders to reside within 1,000 feet of a school.  The suit argues that the residency prohibition that the law places on all Level 3 sex offenders is unconstitutionally vague, violates due process, retroactively punishes those who have already completed their sentences, and interferes with “liberty and privacy interests while bearing no rational relationship to a legitimate purpose.”

In 2018, the RI General Assembly amended the State's SORNA law. Text of that law can be found here.

Current Status:
Lawsuit filed in October 2015.

ACLU Cooperating Attorney:
Lynette Labinger,  John E. MacDonald

Related Documents
Related News Releases
  • Nov 04, 2015 - Temporary Restraining Order to Stop Enforcement of Residency Restrictions for Sex Offenders Extended
  • Oct 29, 2015 - ACLU Files Class Action Suit Challenging Residency Restriction; Injunction Sought To Stop Law
  • Oct 16, 2015 - Groups Call on Attorney General to Establish Uniform Enforcement of Sex Offender Residency Law
  • Oct 08, 2015 - Statement from the ACLU of Rhode Island on the State’s Sex Offender Residency Law